Manjay Puri @ Ramanjay Puri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4060 of 2025 Arising Out of PS. Case No.-16 Year-2015 Thana- PATAHI District- East Champaran ====================================================== Manjay Puri @ Ramanjay Puri S/o- Late Harbansh Puri @ Harvansh Poori Village- Marpa Rajpur Kaul, Ps- Fenhara Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Patahi P.S. Case No. 16 of 2015 dated 07.02.2015, instituted for the offence punishable under Sections 384, 506, 120B of the Indian Penal Code and Section 17 of Criminal Law Amendment Act.
3. The prosecution case, in short, as per the written report of the informant, is that, her husband was murdered by Maovadi on 26.01.2011 and since then she is living with her children in fear. It is further alleged that some posters are being posted on wall near the house of informant, those who are
2/4 selling and purchasing the land of informant have been threatened with dire consequences.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the F.I.R. has been lodged against unknown persons. Only on the basis of confessional statement of co-accused Lakhindra Paswan, the name of the petitioner has been dragged in this case. Petitioner has no knowledge about the instant case. All of sudden, police arrested the petitioner on 07.10.2024 and then he came to know about the present case. It is next submitted that co-accused Lakhindra Paswan has been granted bail vide order dated 19.01.2016 passed by a Co-ordinate Bench of this court in Criminal Miscellaneous No. 53953 of 2015. It is also submitted that petitioner's bail application has been rejected by the learned lower court only on the basis of his criminal antecedents. Lastly, it has been submitted that the petitioner is in custody since 07.10.2024; he has three criminal cases against him and chargesheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of
3/4 the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in Patahi P.S. Case No. 16 of 2015, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
5. The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal
4/4 of the present case.
(Khatim Reza, J) sankalp/- U T